[2018] FWCA 2343

The attached document replaces the document previously issued with the above code on 24 April 2018.

Corrects a typographical error in the preamble to the decision.

Associate to Commissioner McKinnon

Dated 26 April 2018

[2018] FWCA 2343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Treasury Wine Estates Vintners Limited
(AG2017/5357)

TREASURY WINE ESTATES WOLF BLASS VISITOR CENTRE ENTERPRISE AGREEMENT 2017-2020

Wine industry
COMMISSIONER MCKINNON	MELBOURNE, 24 APRIL 2018

Application for approval of the Treasury Wine Estates Wolf Blass Visitor Centre Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Treasury Wine Estates Wolf Blass Visitor Centre Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Treasury Wine Estates Vintners Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Treasury Wine Estates Vintners Limited, sought approval for the Treasury Wine Estates Wolf Blass Visitor Centre Enterprise Agreement 2017-2020. The respondents, represented by the Liquor, Hospitality and Miscellaneous Workers’ Union, challenged the application on the basis that the agreement did not fairly and appropriately provide for the employees' terms and conditions of employment. The matter was heard in the Fair Work Commission.

The central legal issue revolved around whether the proposed enterprise agreement met the criteria set out in section 230 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the employees' terms and conditions of employment fairly and appropriately. This involved assessing whether the agreement was in the employees' best interests and if it met the "better off overall test" as stipulated by the legislation.

The Fair Work Commission found that the proposed agreement was not in the employees' best interests, as it failed to meet the better off overall test. The Commission noted that the proposed agreement included a number of terms and conditions that were less favourable to the employees compared to the existing industrial instrument. Additionally, the Commission was concerned that the agreement did not adequately address the employees' need for job security and fair wages. Consequently, the application for approval was dismissed.

No further orders were made in the decision. The Fair Work Commission's ruling highlights the importance of ensuring that enterprise agreements provide fair and appropriate terms and conditions of employment for employees, and that they meet the statutory requirements for approval.

Treasury Wine Estates Vintners Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established